Judge Cynthia Valenzuela
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Attorney Fees Motion Table
- Email • Upon Filing
Brief, Opposition, Reply, Rule 56 Motions, Class Certification Motions
- 1 copy
Courtesy copies
- Hand Delivery
Binding: Stapled
Adjournments
- Meet and confer required 10 days before trial for exhibit stipulations
- Special court reporter services require 14-day advance notice.
- Continuance requests must be by motion/stipulation/application with detailed declaration.
- Declaration must include history of previous continuance requests and their outcomes.
- Court approval required for stipulations extending court-set dates.
- +21 more
Request must include
- Continuance requests must be filed at least one week before Final Pretrial Conference.
- For calendar conflicts with another Central District of California Western Division judge’s hearing, counsel must notify each judge’s CRD no later than 3 calendar days before the scheduled appearance.
- Conflicts with other CDCA Western Division hearings require 3-day notice to each CRD
- Counsel must submit continuance or extension requests at least 5 business days before the scheduled date expires.
- Requests for continuance or extension must be submitted at least 5 business days before the deadline.
- Counsel with a calendar conflict involving a more senior district judge must notify opposing counsel and CRD via email at least 3 business days before the appearance, providing appearance time, case name, and other judge’s name.
- If an attorney of record cannot appear at a scheduled hearing due to unforeseen circumstances, counsel must propose a new date via Stipulation and [Proposed] Order preferably at least 3 business days before the hearing.
- Continuance requests for pretrial/trial dates must be by motion/stipulation/application, include detailed good cause/due diligence showing, prior continuance history, and joint requests must state party agreement; must be filed at least 1 week before Final Pretrial Conference.
- Motions in limine must be noticed for hearing at least 4 weeks before Final Pretrial Conference.
- Daubert motions must be noticed for hearing at least 9 weeks before Final Pretrial Conference.
- Opposition to ex parte application must be filed within 24 hours of service.
Communication
Clerk, Chambers
Clerk, Chambers
Phone
Chambers, Clerk
Phone
Clerk
Chambers
In Person
Chambers
Letter via ECF
Chambers
Page & Word Limits20 rules
Machine summary. Not checked yet.Mandatory?
Motions in limine and oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Motions in limine and oppositions limited to 2,800 words or 10 pages.
Motions In Limine
2,800 words
Applies to: Attorney
10 pages
Applies to: Attorney
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.
Summary: Each side limited to 5 motions in limine unless court grants leave.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief and neutral and must not be more than one page in length.
Summary: Joint Statement of Case (max 1 page) required 14 days before FPTC.
Joint Statement Of Case
1 pages
Machine summary. Not checked yet.Mandatory?
File & Exchange Responsive Trial Briefs (not to exceed 15 pages)
Summary: Responsive trial briefs are limited to 15 pages.
Responsive Trial Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Motions in limine and oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Motions in limine and oppositions limited to 2,800 words or 10 pages for handwritten/typewriter briefs.
Motion In Limine
2,800 words
Applies to: Attorney
10 pages
Applies to: Attorney
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Memoranda of points and authorities in support of or in opposition to motions (besides motions in limine) shall not exceed 7,000 words. See Local Rule 11-6.1. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits. All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule 11-6.2.
Summary: Motions (except motions in limine) limited to 7,000 words or 25 pages for handwritten/typewritten briefs, with Certificate of Compliance required.
Motion
7,000 words
Applies to: Attorney
25 pages
Applies to: Attorney
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Reply briefs limited to 4,200 words or 15 pages for handwritten/typewritten briefs.
Reply
4,200 words
Applies to: Attorney
15 pages
Applies to: Attorney
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.
Summary: Each side limited to 5 motions in limine unless Court grants leave for more.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
replies, if any, shall be filed two (2) weeks prior to the hearing.
Summary: Reply briefs must be filed 2 weeks before the hearing.
Reply
Machine summary. Not checked yet.Mandatory?
Unless otherwise stated by the Court, memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages.3 Only rarely and for good cause shown will the Court grant an application to extend these page limitations.
Summary: Memoranda in support/opposition to motions are limited to 25 pages, replies to 15 pages; extensions only granted for good cause.
Brief
25 pages
Reply Brief
15 pages
Machine summary. Not checked yet.Mandatory?
Motions in limine and oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Motions in limine and oppositions are limited to 2,800 words (computer-generated) or 10 pages (handwritten/typewriter).
2,800 words
10 pages
10 pages
Machine summary. Not checked yet.Mandatory?
The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief and neutral and must not be more than one page in length.
Summary: Joint Statement of the Case must be filed 14 days before FPTC and must not exceed one page.
Joint Statement Of The Case
1 pages
Machine summary. Not checked yet.Mandatory?
Each separately represented party shall be limited to 7,000 words, exclusive of tables of contents and authorities.
Summary: Separately represented parties are limited to 7,000 words for MSJ joint briefs, excluding tables of contents and authorities; additional briefing allowed only in extraordinary cases.
Joint Brief
7,000 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
After the joint brief is filed, each party may separately file a supplemental memorandum of points and authorities, not exceeding 3,000 words, no later than 14 days before the scheduled hearing date.
Summary: Supplemental memoranda are limited to 3,000 words and due 14 days before scheduled hearing.
Supplemental Memorandum
3,000 words
Machine summary. Not checked yet.Mandatory?
Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Reply briefs are limited to 4,200 words (computer-generated) or 15 pages (handwritten/typewriter).
Reply Brief
4,200 words
15 pages
15 pages
Machine summary. Not checked yet.Mandatory?
Memoranda of points and authorities in support of or in opposition to motions (besides motions in limine) shall not exceed 7,000 words. See Local Rule 11-6.1. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits.
Summary: Memoranda in support of or opposition to motions (excluding motions in limine) are limited to 7,000 words (computer-generated) or 25 pages (handwritten/typewriter), with excluded pages as specified.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Motions in limine and oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten briefs and briefs prepared using a typewriter.
Summary: Motions in limine and oppositions are limited to 2800 words (computer-generated) or 10 pages (handwritten/typewriter).
Brief
2,800 words
Applies to: Attorney
10 pages
Applies to: Attorney
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless otherwise stated by the Court, memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages.
Summary: Motions memoranda limited to 25 pages; replies limited to 15 pages.
25 pages
Applies to: Attorney
Reply
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless leave of Court is granted, each party is limited to five motions in limine.
Summary: Each party limited to 5 motions in limine unless Court grants leave.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Important?
Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses.
Summary: Statement of the Case section in the Joint Rule 26(f) Report is limited to two pages.
Joint Rule 26f Report
2 pages
Document Format Requirements71 rules
Machine summary. Not checked yet.Mandatory?
Format: Each requested instruction shall: (1) cite the authority or source of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other requested instruction.
Summary: Specific formatting requirements for each jury instruction.
Machine summary. Not checked yet.Mandatory?
All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant's exhibit numbers shall not duplicate Plaintiff's numbers. The spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume.
Summary: Exhibit numbering and indexing requirements for three-ring binders
Machine summary. Not checked yet.Mandatory?
The parties must also submit to the Court a USB flash drive containing electronic versions of all exhibits. Plaintiff's exhibits must be placed in a separate folder from Defendant's exhibits, and the document file names must include the exhibit number and a brief description of the document, for example: 'Ex. 1 - Smith Declaration.pdf' or 'Ex. 105 - Letter Dated 1-5-20.pdf.'
Summary: Electronic exhibit submission required on USB flash drive with specific naming convention
USB Flash Drive
Machine summary. Not checked yet.Mandatory?
Counsel must use the lectern. Counsel should not consume jury time drawing or writing; all demonstrative aids must be prepared fully in advance of the day's trial session. Counsel should not ask witnesses to draw charts or diagrams or ask the Court's permission for a witness to do so.
Summary: Counsel must use lectern; demonstrative aids must be prepared in advance.
Machine summary. Not checked yet.Mandatory?
For all depositions offered in the case, the parties shall consistently use different colored ink—black for plaintiff and blue for defendant—for designations, counter-designations, objections, and responses to objections.
Summary: Black ink for plaintiff, blue ink for defendant for all deposition markings.
Machine summary. Not checked yet.Mandatory?
The captioned title of every filing shall contain: a. the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the filing applies, unless the document applies to all defendants; b. the individual defendant’s registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and c. the milestone dates for Indictment, Final Pretrial Conference, Trial, and Last Day of the speedy trial period.
Summary: Every filing must include specific caption requirements: defendant names/numbers, registration number when applicable, and milestone dates.
Machine summary. Not checked yet.Mandatory?
Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Civil Rule 11-3.1.1. Times New Roman font must be no less than fourteen (14) point, and Courier font must be no less than twelve (12) point. Footnotes shall be in the same font and the same size as the text in the body of the document.
Summary: Font requirements: Times New Roman 14pt or Courier 12pt minimum, footnotes same size as body text.
Machine summary. Not checked yet.Mandatory?
Format: Each requested instruction shall (1) cite the authority or source of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other requested instruction.
Summary: Each jury instruction must cite authority, be on separate page, numbered, cover one subject, and not repeat other instructions.
Machine summary. Not checked yet.Mandatory?
An enlargement of an existing exhibit shall use the original exhibit number followed by an “A.” Counsel shall not attempt to display or use any charts or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made by the Court.
Summary: Enlargements must use original number plus 'A' and require agreement or court ruling before use.
Machine summary. Not checked yet.Mandatory?
Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders. The parties shall submit to the Court three sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, and the two copies are for the Court.
Summary: Trial exhibits must be submitted in three-ring binders with one original set for jury and two copies for the Court.
Machine summary. Not checked yet.Mandatory?
All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Civil Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers shall not duplicate the government’s numbers.
Summary: Exhibits must be indexed with tabs, numbered sequentially, and defendant's numbers must not duplicate government's.
Machine summary. Not checked yet.Mandatory?
The spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume.
Summary: Binder spines must indicate volume number and exhibit number range.
Machine summary. Not checked yet.Mandatory?
The original exhibits shall bear the official exhibit tags (yellow tags for the government’s exhibits and blue tags for defendant’s exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag.
Summary: Original exhibits must have official yellow (government) or blue (defendant) tags with case info.
Machine summary. Not checked yet.Mandatory?
The copy of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side.
Summary: Copy exhibits must have copies of official tags and be indexed with tabs.
Machine summary. Not checked yet.Mandatory?
Defense counsel must provide a USB flash drive containing electronic versions of all exhibits at the start of the defense case, at the latest. The document file names should include the exhibit number and a brief description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.”
Summary: Defense must provide USB with electronic exhibits at start of defense case with numbered filenames.
Machine summary. Not checked yet.Mandatory?
Audio, video files, and digital evidence must be contained on a flash drive, unless otherwise directed by the Court. The party introducing the evidence is responsible for ensuring that the flash drive contains only admitted evidence.
Summary: Audio/video/digital evidence must be on flash drive and only contain admitted evidence.
Flash Drive
Machine summary. Not checked yet.Mandatory?
The transcripts shall use the original exhibit number of the audio recording followed by an “A” for identification purposes. The transcripts will not be admitted into evidence and should be collected after the audio recording has been played.
Summary: Transcripts must use original exhibit number plus 'A' and are not admitted into evidence.
Machine summary. Not checked yet.Mandatory?
Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Rule 5-4.3.1.
Summary: All documents must be filed as searchable PDF with selectable, copyable, and pasteable text per Local Rule 5-4.3 and 5-4.3.1.
Machine summary. Not checked yet.Mandatory?
Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1. Times New Roman font must be no less than 14 point; Courier font must be no less than 12 point. Footnotes shall be in the same font and the same size as the body of the memorandum.
Summary: Memoranda must use Times New Roman (≥14pt) or Courier (≥12pt) font, with footnotes matching the body font and size.
Machine summary. Not checked yet.Mandatory?
Proposed orders shall be e-filed in .pdf format as an attachment to the main documents.
Summary: Proposed orders must be e-filed in PDF format as an attachment to the main filing document.
Machine summary. Not checked yet.Mandatory?
Items that do not require the Court’s signature shall be e-filed in .pdf format.
Summary: E-filed items that do not require the Court’s signature must be submitted in PDF format.
Machine summary. Not checked yet.Mandatory?
The parties must use the template for proposed orders available on Judge Valenzuela’s Procedures and Schedules page on the Court’s website. The proposed order must include the entire relief the parties seek.
Summary: Proposed orders must use the court’s template and include all relief sought by the parties; failure to comply may result in the motion being struck.
Machine summary. Not checked yet.Mandatory?
If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may strike or decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order.
Summary: Attachments to filed or lodged documents must be separately docketed with a description; non-compliant documents may be struck.
Machine summary. Not checked yet.Mandatory?
Documents are submitted in .pdf format through an online portal on the Court’s website.
Summary: Documents submitted via the EDSS online portal must be in PDF format.
Machine summary. Not checked yet.Mandatory?
A mandatory chambers copy must comply with Local Rule 11-3 (i.e., font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed. The mandatory chambers copy must be prominently labeled MANDATORY CHAMBERS COPY on the face page.
Summary: Mandatory chambers copies must comply with Local Rule 11-3, do not need to be blue-backed, and must be labeled MANDATORY CHAMBERS COPY on the face page.
Document Filing Requirements201 rules
Machine summary. Not checked yet.Mandatory?
The parties shall email the Proposed FPTCO in Microsoft Word format to chambers at CV_Chambers@cacd.uscourts.gov.
Summary: Proposed FPTCO must be emailed to chambers in Microsoft Word format.
Document Type
Proposed Final Pretrial Conference Order
Machine summary. Not checked yet.Mandatory?
The parties must file a proposed Final Pretrial Conference Order ("Proposed FPTCO") at least fourteen (14) days before the FPTC.
Summary: Proposed Final Pretrial Conference Order must be filed 14 days before FPTC.
Document Type
Proposed Final Pretrial Conference Order
Machine summary. Not checked yet.Mandatory?
The schedule for filing pretrial documents is as follows: At least twenty-eight (28) days before the FPTC: Motions in Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List
Summary: Pretrial documents must be filed 28 days before FPTC.
Document Type
Pretrial Documents
Machine summary. Not checked yet.Mandatory?
The parties shall meet and confer regarding jury instructions according to the following schedule: Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. Twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. Fourteen (14) days before FPTC: The parties shall file their (1) Joint Agreed Upon Proposed Jury Instructions and their (2) Disputed Jury Instructions.
Summary: Structured timeline for jury instruction meet-and-confer process.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.
Summary: Joint jury instructions must be filed 14 days before FPTC.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties shall email copies of: (1) the Witness Lists, (2) the Joint Exhibit List, (3) the Joint Proposed FPTCO, (4) the Joint Agreed Upon Proposed Jury Instructions, (5) the Disputed Proposed Jury Instructions, (6) Joint Proposed Verdict Forms, and (7) Proposed Voir Dire Questions, including any amended documents, in Microsoft Word format to chambers the day they are due to Chambers at: CV_Chambers@cacd.uscourts.gov.
Summary: Multiple trial documents must be emailed to chambers in Word format on due date.
Document Type
Witness Lists
Machine summary. Not checked yet.Mandatory?
Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.
Summary: Amended witness lists must be filed by 5:00 PM Friday before trial.
Document Type
Amended Witness List
Machine summary. Not checked yet.Mandatory?
Any Amended Joint Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.
Summary: Amended joint exhibit lists must be filed by 5:00 PM Friday before trial.
Document Type
Amended Joint Exhibit List
Machine summary. Not checked yet.Mandatory?
Sources: When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of the case. Where California law applies, the parties should use the current edition of the Judicial Council of California Civil Jury Instructions ("CACI"). If neither applies, the parties should consult the current edition of O'Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to these instructions only if there is a reasoned argument that they do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law.
Summary: Specific sources for jury instructions with limited exceptions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties shall file clean and "redline" sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions. The "redline" sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position.
Summary: Parties must file both clean and redline versions of jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given.
Summary: Joint index required for all proposed jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties shall make every effort to agree on a general verdict form before submitting proposals to the Court, and shall file a proposed joint general verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled "Competing Verdict Forms" which shall include: (i) the parties' respective proposed verdict form; (ii) a "redline" of any disputed language; and (iii) the factual or legal basis for each party's respective position.
Summary: Joint verdict form required 14 days before FPTC; competing forms with redlines if no agreement.
Document Type
Joint Verdict Form
Machine summary. Not checked yet.Mandatory?
The parties may file any proposed case-specific voir dire questions for the Court's consideration at least fourteen (14) days before the FPTC. If it considers the questions proper, the Court will include them in the written questionnaire.
Summary: Case-specific voir dire questions due 14 days before FPTC.
Document Type
Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.
Summary: Proposed Findings of Fact and Conclusions of Law due 28 days before FPTC.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
When ordered by the Court in a particular case, each party shall, at least twenty-eight (28) days before the FPTC, file declarations containing the direct testimony of each witness whom that party intends to call at trial.
Summary: Direct testimony declarations due 28 days before FPTC when ordered by Court.
Document Type
Direct Testimony Declarations
Machine summary. Not checked yet.Mandatory?
The original exhibits shall bear the official exhibit tags (yellow tags for Plaintiff's exhibits and blue tags for Defendant's exhibits) affixed to the name, and exhibit number stated on each tag. Tags may be obtained from the Clerk's Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the 'Court Forms' section of the Court's website at: https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g-14a-defendant-g-14b-joint-g-14c.
Summary: Official exhibit tags required (yellow for plaintiff, blue for defendant)
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
The parties must present the following materials to the Courtroom Deputy Clerk on the first day of trial: 1. The three sets of binders described above, with one (1) original set of trial exhibits for the jury, and two (2) copies of trial exhibits for the Court. 2. The USB flash drive containing electronic versions of all exhibits. 3. Any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court's use. The parties must use their own copies during trial.
Summary: Three sets of trial exhibit binders and USB drive required on first day of trial.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first.
Summary: Parties must meet and confer on all trial issues before seeking court ruling.
Document Type
Meet And Confer
Machine summary. Not checked yet.Mandatory?
Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel desires to argue an objection further, counsel must seek permission from the Court to do so.
Summary: Objections must be brief; speaking objections prohibited without court permission.
Document Type
Objections
Machine summary. Not checked yet.Mandatory?
Any party intending to use a deposition for impeachment or in lieu of live testimony must (a) file the deposition designations together with objections 14 days before the Final Pre-trial Conference if there are any objections or disputes requiring a ruling by the Court or (b) lodge the original deposition with the CRD on or before the first day of trial if there are no disputes. The untimely filing of the original deposition may result in exclusion.
Summary: Deposition designations must be filed 14 days before final pre-trial conference or lodged on first day of trial; untimely filing may result in exclusion.
Document Type
Deposition Designations
Machine summary. Not checked yet.Mandatory?
The Notice of Motion must include a statement of compliance with Local Rule 7-3. In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.
Summary: Motion notice must include LR 7-3 compliance statement and declaration of conference details if hearing needed.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
Both the Court and the parties’ counsel bear responsibility for the progress of this action. To ensure the just determination of this action, “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel, including pro se (without an attorney) defendants,2 are ordered to be familiar with this Order, the Federal Rules of Criminal Procedure, the Local Criminal Rules, the Local Civil Rules, this Court’s online Procedures and Schedules, and the law governing the issues in this case.
Summary: All parties must be familiar with this Order, Federal Rules of Criminal Procedure, Local Criminal Rules, Local Civil Rules, Court’s online Procedures and Schedules, and governing law.
Document Type
General
Machine summary. Not checked yet.Mandatory?
All parties shall docket items only as to the particular defendant(s) to whom the
Document Type
General
Machine summary. Not checked yet.Mandatory?
Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority—and must be submitted in a form that would originate from the Court. Do not include: (a) any attorney information on the caption page; (b) any information in the footer (except pagination); or (c) any watermark or firm designation anywhere.
Summary: Proposed orders must state relief, affected defendants, rationale/authority, and be in court-originating form without attorney info, watermarks, or firm designations.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: Photograph).
Summary: Each attachment must be filed as a separately docketed attachment with clear description.
Document Type
Attachment
Filing & Service rules
Electronic Filing Rules
Counsel must electronically file all filings pursuant to Fed. R. Civ. P. 5(d)(3), L.R. 5-4, and General Order 10-07.
Pursuant to Fed. R. Civ. P. 5(d)(3), L.R. 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings.
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Page 14 | V. ADDITIONAL REQUIREMENTS A. Electronic Filing
Parties must use the EDSS online portal to electronically file documents instead of mailing or hand-delivering them, unless exempt under Local Rule 5-4.2.
Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in .pdf format through an online portal on the Court’s website. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss.
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Page 15 | A. Electronic Document Submission System (EDSS)
Joint brief, JAF, and JAE must be electronically filed by moving party's counsel.
moving party’s counsel shall sign and electronically file the joint brief, JAF, and JAE no later than four days after receiving the opposing party’s signed copy.
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Declarations, exhibits, and other attachments must be filed as separately docketed entries with clear descriptions.
Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: Photograph).
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Page 5 | GENERAL REQUIREMENTS
Counsel must comply with Local Rules for electronic filing unless superseded; PDFs must be searchable, proper size, and text-selectable/copyable/pasteable.
Counsel must follow the Central District’s Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel shall adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to .pdf so that when a document is e-filed, it is in the proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1.
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Page 5 | GENERAL REQUIREMENTS
Filing Timing and Cure Windows
Joint Rule 26(f) Report must be filed at least 14 days before the Scheduling Conference.
The Joint Rule 26(f) Report must be filed at least fourteen (14) days before the Scheduling Conference.
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Page 3 | II. Joint Rule 26(f) Report
Joint brief must be filed at least 28 days before the motion hearing.
Joint Brief due at least 28 days before hearing
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Page 13 | FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Motions must be heard within 10 to 15 months after the scheduling conference (FOIA).
Last Date to Hear Motions [Friday]
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Page 13 | FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Supplemental memoranda must be filed 14 days before the motion hearing.
Supplemental Memoranda (if any) due 14 days before hearing
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Page 13 | FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Motions to amend pleadings or add parties must be heard by 91 days after the scheduling conference.
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
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Page 13 | FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Fact discovery cut-off is 24 weeks before trial, but no later than the deadline for filing dispositive motions.
Fact Discovery Cut-Off (if necessary) [Friday] (no later than deadline for filing dispositive motion)
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Page 14 | ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Administrative Record and Plan Documents must be lodged 63 days after the scheduling conference.
Lodge Administrative Record & Plan Documents
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Page 14 | ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Opening trial briefs must be filed and exchanged 8 weeks before trial.
File & Exchange Opening Trial Briefs
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Page 14 | ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Settlement conference must be completed 9 weeks before trial.
Deadline to Complete Settlement Conference [L.R. 16-15]
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Page 14 | ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Responsive trial briefs must be filed and exchanged 4 weeks before trial.
File & Exchange Responsive Trial Briefs (not to exceed 15 pages)
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Page 14 | ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Stipulations and Proposed Order proposing a new hearing date for calendar conflicts must be filed no later than 3 calendar days before the originally scheduled appearance.
Counsel must propose a new date by Stipulation and Proposed Order as soon as possible and not later than three (3) days before the scheduled appearance.
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Page 7 | I. INTRODUCTION G. Counsel Calendar Conflicts
Daubert motions must be noticed for hearing no later than 9 weeks before the Final Pretrial Conference date.
Daubert motions shall be noticed for hearing not later than nine (9) weeks before the Final Pretrial Conference date.
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Page 12 | IV. SPECIFIC MOTION REQUIREMENTS G. Daubert Motions
Motions for default judgment must be filed within 14 days of the later of entry of default against the last remaining defendant or resolution of all claims against non-defaulted defendants, unless the court orders otherwise.
Unless otherwise ordered, motions for default judgment shall be filed no later than 14 days after the later of (1) entry of default against the last remaining defendant, or (2) resolution of all claims against all defendants who have not defaulted.
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Page 12 | IV. SPECIFIC MOTION REQUIREMENTS D. Motions for Default Judgment
Motions in limine must be noticed for hearing no later than 4 weeks before the Final Pretrial Conference date.
Motions in limine shall be noticed for hearing not later than four (4) weeks before the Final Pretrial Conference date.
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Page 12 | IV. SPECIFIC MOTION REQUIREMENTS F. Motions In Limine
Requests for a hearing on PLRA exhaustion issues must be filed within 14 days of the order denying summary judgment, or the exhaustion issue may be waived.
A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue.
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Page 14 | I. PLRA Exhaustion Motions
Opposition to ex parte application must be filed within 24 hours of service.
Following service of the ex parte application by electronic, facsimile, or personal service, the applicant shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
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Page 18 | G. Ex Parte Applications
Proposed Final Pretrial Conference Orders must be filed at least 14 calendar days before the Final Pretrial Conference.
The parties must file a proposed Final Pretrial Conference Order (“Proposed FPTCO”) at least fourteen (14) days before the FPTC.
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Page 7 | I. SCHEDULE
Motions in limine, memoranda of contentions of fact and law, witness lists, and joint exhibit lists must be filed at least 28 calendar days before the Final Pretrial Conference.
At least twenty-eight (28) days before the FPTC: Motions in Limine Memoranda of Contentions of Fact and Law Witness Lists Joint Exhibit List
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Page 8 | II. TRIAL REQUIREMENTS
All motions in limine must be filed at least 28 calendar days before the Final Pretrial Conference (FPTC).
All motions in limine must be filed at least twenty-eight (28) days before the FPTC.
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Page 9 | 1. Motions in Limine
Oppositions to motions in limine must be filed at least 14 calendar days before the Final Pretrial Conference (FPTC).
Oppositions must be filed at least fourteen (14) days before the FPTC.
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Page 9 | 1. Motions in Limine
Initial joint exhibit lists must be filed at least 28 calendar days before the Final Pretrial Conference (FPTC).
The Joint Exhibit List must be filed twenty-eight (28) days before the FPTC.
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Page 10 | 3. Joint Exhibit List
Amended witness lists must be filed by 5:00 p.m. on the Friday before trial.
Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.
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Page 10 | 2. Witness Lists
Amended joint exhibit lists must be filed by 5:00 p.m. on the Friday before trial.
Any Amended Joint Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.
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Page 10 | 3. Joint Exhibit List
Initial witness lists must be filed at least 28 calendar days before the Final Pretrial Conference (FPTC).
Witness lists must be filed twenty-eight (28) days before the FPTC.
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Page 10 | 2. Witness Lists
Joint agreed upon proposed jury instructions must be filed 14 days before FPTC.
Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.
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Page 11 | 5. Jury Instructions (Jury Trial Only)
Proposed joint general verdict form must be filed 14 days before FPTC.
The parties shall make every effort to agree on a general verdict form before submitting proposals to the Court, and shall file a proposed joint general verdict form fourteen (14) days before the FPTC.
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Page 13 | 6. Joint Verdict Forms (Jury Trial Only)
Service and Proof of Service Rules
Plaintiff must serve the complaint promptly and file proof of service within 3 days.
If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter.
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Page 2 | Introduction
Ex parte applications should be served electronically if possible.
The applicant shall serve the opposing party electronically, if possible.
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Page 18 | G. Ex Parte Applications
Parties enrolled for fax or mail service must be served ex parte applications by fax or personal service.
Parties enrolled for service by facsimile or mail must be served the ex parte application by facsimile or personal service.
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Page 18 | G. Ex Parte Applications
Parties must exchange objections to jury instructions 28 days before FPTC.
Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.
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Page 11 | 5. Jury Instructions (Jury Trial Only)
Parties must exchange proposed jury instructions 35 days before FPTC.
Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.
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Page 11 | 5. Jury Instructions (Jury Trial Only)
Proposed Findings of Fact and Conclusions of Law must be served on opposing party 28 days before FPTC.
For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.
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Page 14 | 9. Proposed Findings of Fact and Conclusions of Law (Bench Trial Only)
Opposing party must provide electronic integrated motion (including its joint brief portion, JAF, JAE) to moving party within 14 days of receiving moving papers.
No later than 14 days after receiving the moving party’s papers, the opposing party shall provide to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the joint brief, JAF, and JAE.
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Moving party must provide electronic copies of its joint brief portion, JAF, and JAE to opposing party within 7 days after meet and confer.
No later than seven days after the meet and confer, the moving party shall provide to the opposing party an electronic copy of the moving party’s portion of the joint brief, together with the moving party’s portion of the JAF and Joint Appendix of Evidence (JAE), see infra.
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Ex parte applications must be served electronically if possible; exempt defendants must be served by fax or personal service. Service is complete upon e-filing.
The moving party shall serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.
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Page 10 | C. EX PARTE APPLICATIONS
Bail review requests based on changed circumstances must first be addressed to the Magistrate Judge and served on opposing counsel and the United States Probation and Pretrial Services Office.
Any request for bail review based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and the United States Probation and Pretrial Services Office.
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Page 11 | III. PRE-TRIAL PROCEDURES F. Bail Review
Courtesy Copy Requirements
Government must send text-searchable digital copy of plea agreement to chambers email.
The government should send a text-searchable digital copy of the plea agreement to chambers at CV_Chambers@cacd.uscourts.gov.
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Page 12 | Digital Courtesy Copy
Mandatory chambers copies of attorney fees motion tables must be in editable Excel format and emailed to opposing counsel and the Court’s chambers email address upon filing of the motion.
The mandatory chambers copies of the table shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to opposing counsel and the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov.
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Page 13 | IV. SPECIFIC MOTION REQUIREMENTS
A Word-format copy of the proposed order must be emailed to chambers on the day the motion is e-filed.
In addition, a copy of the proposed order in Word format shall be emailed directly to the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov on the day the document is e-filed.
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Page 15 | C. Proposed Orders
One mandatory chambers copy is required for overlength briefs when the court has granted leave to file the overlength brief.
(2) one mandatory chambers copy of overlength briefs when the Court has granted a party’s request for leave to file an overlength brief.
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Page 16 | D. Mandatory Chambers Copies
One mandatory chambers copy is required for summary judgment motions, class certification motions, and their associated briefing (oppositions and replies).
the Court requires (1) one mandatory chambers copy of motions for summary judgment and motions for class certification, as well as any associated briefing, including oppositions and replies
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Page 16 | D. Mandatory Chambers Copies
Chambers copies are prohibited unless requested, except for e-filing exempt documents and mandatory trial exhibit copies.
The processing of unnecessary chambers copies wastes resources and burdens the Court. Chambers copies should not be submitted unless requested. This order, however, is not intended to affect the parties’ ability to file and lodge documents and materials that are exempt from electronic filing under Local Criminal Rule 49-1.2. The Court refers the parties to the trial requirements listed below for details regarding mandatory chambers copies of trial exhibits.
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Page 6 | Chambers Courtesy Copies
The government must send a text-searchable digital copy of the plea agreement to chambers via email upon filing.
The government should send a text-searchable digital copy of the plea agreement to chambers at CV_Chambers@cacd.uscourts.gov.
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Page 12 | IV. PLEA AGREEMENTS A. Digital Courtesy Copy
Chambers copies of fee tables must be in editable Excel format and emailed to chambers.
The table shall be attached to the motion and electronically filed. The mandatory chambers copies of the table shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to opposing counsel and the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov.
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Page 13 | MOTIONS – GENERAL REQUIREMENTS
Chambers copies required for summary judgment, class certification, and overlength briefs.
The Court does not require chambers copies of any motion papers or following exceptions: the Court requires (1) one mandatory chambers copy of motions for summary judgment and motions for class certification, as well as any associated briefing, including oppositions and replies, and (2) one mandatory chambers copy of overlength briefs when the Court has granted a party’s request for leave to file an overlength brief.
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Page 16 | D. Mandatory Chambers Copies
Chambers copies delivered to specific box, must comply with Local Rule 11-3, labeled MANDATORY CHAMBERS COPY.
Chambers copies shall be delivered to Judge Valenzuela’s “Mandatory Chambers Copies” box, located on the fourth floor of the United States District Courthouse, 350 W 1st Street, Los Angeles, CA 90012. A mandatory chambers copy must comply with Local Rule 11-3 (i.e., font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed. The mandatory chambers copy must be prominently labeled MANDATORY CHAMBERS COPY on the face page.
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Page 16 | D. Mandatory Chambers Copies
Chambers copies should not be submitted unless specifically requested.
The processing of unnecessary chambers copies wastes resources and burdens the Court. Chambers copies should not be submitted unless requested. This order, however, is not intended to affect the parties’ ability to file and lodge documents and materials that are exempt from electronic filing under Local Criminal Rule 49-1.2.
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Page 6 | II. GENERAL REQUIREMENTS
Courtesy copies of Joint Rule 26(f) Reports are not required and discouraged.
The Court does not require and discourages the submission of courtesy chambers copies of Joint Reports that have been electronically filed.
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Page 3 | II. Joint Rule 26(f) Report
Sealing & Redaction Procedures
Sealed documents must be identified by first-listed defendant and case number only on outer envelope.
The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.
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Page 5 | II. GENERAL REQUIREMENTS
Sealed documents with confidential titles require two cover sheets: generic title first, full title second.
Parties should pay close attention to the title in the caption of every document submitted to the Court for filing under seal. The title of the document will become part itself will be sealed. If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED ORDER”; or “SEALED DOCUMENT”), rather than the actual title of the document. The second cover sheet must contain the full, unredacted title of the document. Docket entries for documents filed under seal will include only the generic title.
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Page 6 | II. GENERAL REQUIREMENTS
Applications to file documents under seal must comply with Local Rule 79-5 and demonstrate good cause or compelling reasons for sealing.
Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006).
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Page 16 | E. Filings Under Seal
Parties must file both sealed and redacted versions of documents when sealing is authorized.
The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.
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Page 17 | Sealing procedures
Sealing requests must be justified for each individual item; blanket claims will be denied.
Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied.
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Page 17 | Sealing procedures
Parties must meet and confer before filing an application to seal.
The parties also must meet and confer before filing an application to seal.
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Page 17 | Sealing procedures
Sealed or in camera documents must be filed electronically with docket entries clearly indicating applicable defendants; outer envelopes must label case by first-listed defendant, case number, and sealed/in camera status.
documents filed under seal or in camera, every document shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.
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Page 5 | Warning re: Filing Under Seal
Documents with confidential titles must be submitted with two cover sheets (generic first, unredacted second); docket entries use only the generic title.
If the title of the document contains confidential information that should not be reflected on the public docket, parties must submit the document with two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED ORDER”; or “SEALED DOCUMENT”), rather than the actual title of the document. The second cover sheet must contain the full, unredacted title of the document. Docket entries for documents filed under seal will include only the generic title.
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Page 6 | Warning re: Filing Under Seal
Requests to close the courtroom or seal the record for the Rule 11 hearing must be made when checking in on the hearing day.
Any request to close the courtroom or seal the record (in whole or in part) must be made by the requesting party when checking in on the day of the hearing.
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Page 13 | IV. PLEA AGREEMENTS
Sentencing documents may only be filed under seal if strictly necessary and justified, and a redacted version with justifications for each deletion must be filed concurrently.
The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).
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Page 25 | VII. SENTENCING
Must provide factual/legal justification for sealing each document.
For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected.
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Page 16 | E. Filings Under Seal
Applications with meritless sealing/redaction requests will be denied.
An application to seal that includes meritless requests to seal or redact documents will be denied.
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Meet and confer required before filing sealing application.
The parties also must meet and confer before filing an application to seal.
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Each sealed item must be individually justified; blanket confidentiality claims will be denied.
Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied.
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File complete sealed version and redacted public version for authorized sealed portions.
The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal.
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Sentencing documents may be filed under seal only when strictly necessary with redacted version.
The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).
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Page 25 | VII. SENTENCING
Local Rule 79-5 governs filing documents under seal.
Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5.
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Page 16 | E. Filings Under Seal
Counsel should carefully consider if sealing/redaction is absolutely necessary.
Counsel is strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument.
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Filing Bundling Requirements
Three-ring binders required for trial exhibits with 3 sets (1 original for jury, 2 copies for court)
Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders. The parties shall submit to the Court three (3) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, and the copies are for the Court.
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Page 15 | Trial Exhibits
No final pretrial conference or trial until all parties complete ADR.
The Court will not hold a final pretrial conference or convene a trial unless and until all parties, including the principals of all corporate parties, have completed ADR.
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The FOIA/ERISA scheduling worksheet must be completed jointly and filed with the Joint Rule 26(f) Report.
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
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Page 13 | FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Pre-Motion Conference Requirements
Lead trial counsel must meet and confer in person 40 days before FPTC.
The parties must comply with Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.
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Page 8 | TRIAL REQUIREMENTS
Motions in limine must be filed 28 days before FPTC, oppositions 14 days before, no replies allowed.
All motions in limine must be filed at least twenty-eight (28) days before the FPTC. Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies.
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Page 9 | Motions in Limine
Pre-filing conference required for motions under Local Rule 7-3, must be in person/phone/video, not written.
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.
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Motions require meet-and-confer with opposing counsel to discuss substance and potential resolution before filing.
Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and confer with opposing counsel "to discuss thoroughly ... the substance of the contemplated motion and any potential resolution" thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court.
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Page 8 | III. PRE-TRIAL PROCEDURES
Non-limine motions: file 5 weeks before hearing, oppositions 3 weeks before hearing.
For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing.
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Page 8 | III. PRE-TRIAL PROCEDURES
Oppositions must be filed 14 days before final pretrial conference; no replies allowed.
Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies.
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Page 11 | Final Pretrial Conference
Parties must meet and confer before filing motions in limine, with specific disclosure requirements.
Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specifics terms of the order sought, and the rationale and supporting authority. The nonmoving party shall state whether the party intends to introduce the evidence sought by the moving party to be excluded or oppose the moving party’s motion to admit the evidence and provide the rationale and supporting authority if the nonmoving party opposes the motion.
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Page 11 | Final Pretrial Conference
Parties must meet and confer to resolve discovery disputes before filing motions to compel; motions must state specific details.
Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.
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Page 12 | Notice and Discovery
Counsel must conduct a pre-filing meet and confer conference (in person/phone/videoconference) before filing most motions, with specified exemptions; non-compliance may result in motion being struck or denied.
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The Court may strike or deny a motion if counsel fail to meet and confer in good faith. The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.
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Page 9 | III. MOTIONS – GENERAL REQUIREMENTS (B. Pre-Filing Requirement to Meet and Confer)
Motions for attorney fees must be set for hearing in accordance with Local Rule 6-1 and this Standing Order; electronic filing is required per general e-filing rules.
Motions for attorney fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order.
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Page 13 | IV. SPECIFIC MOTION REQUIREMENTS
Counsel must conduct a pre-filing meet and confer in person, by phone, or videoconference under Local Rule 7-3 before filing most motions, with specified exemptions; non-compliance may result in the motion being struck or denied.
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient. The Court may strike or deny a motion if counsel fail to meet and confer in good faith. The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.
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Page 5 | C. Law and Motion and Local Rule 7-3
Motions in limine must address only evidence admission/exclusion, specific issues, and may not be disguised summary adjudication motions; the court may strike excessive or unvetted motions.
Motions in limine shall address only the admission or exclusion of evidence at trial. Motions in limine should address specific issues (e.g, not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. The Court may strike excessive or unvetted motions in limine.
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Page 9 | 1. Motions in Limine
Replies to motions in limine are prohibited.
There shall be no replies.
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Page 9 | 1. Motions in Limine
Each party is limited to five motions in limine unless the court grants permission to file additional motions.
Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.
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Page 9 | 1. Motions in Limine
Parties must meet and confer before filing a motion in limine to attempt to resolve the dispute without filing.
Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.
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Page 10 | 1. Motions in Limine
Parties may modify pre-filing MSJ deadlines without leave if all agree and motion is timely filed per case management order.
If different parties seek summary judgment on different issues, the parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court if and only if (1) all parties agree to the modifications and (2) the summary judgment motion is timely filed under the case management order.
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If parties cannot agree on which party is moving party, defendant is deemed the moving party.
If the parties are unable to agree, the defendant shall be deemed the moving party.
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Page 3
Parties must conduct an in-person or videoconference meet and confer no later than 53 days before the MSJ hearing cutoff to discuss all issues, law, and evidence.
must arrange for an in-person meeting or videoconference to take place no later than 53 days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.
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Page 3
Only one joint Rule 56 motion may be filed without leave; leave requires a joint noticed motion stating good cause positions.
No more than one joint motion may be filed under Fed. R. Civ. P. 56, whether brought as a motion for summary judgment or summary adjudication, without leave of Court. In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions.
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No additional briefing or filings in support of or opposition to MSJ are permitted after supplemental memoranda.
No additional briefing or filing in support of or in opposition to the MSJ is permitted.
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Page 4
Criminal motions require meet and confer with opposing counsel before filing; pretrial motions are scheduled on Fridays (evidentiary hearings on non-Fridays); briefing schedule requires motions 5 weeks before hearing, oppositions 3 weeks before.
Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and confer with opposing counsel 'to discuss thoroughly … the substance of the contemplated motion and any potential resolution' thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The Court hears motions in criminal actions on Friday, beginning at 10:30 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be noticed for a Friday that is mutually agreed to by counsel and that is not closed on the Court’s calendar. Before filing a motion, the moving party should check the Court’s webpage for available hearing dates. The parties should not calendar a matter on a date that is closed on the Court’s webpage. If this occurs, the court will re-calendar the matter for another day. Pretrial motions that require an evidentiary hearing shall be noticed for a non-Friday that is mutually agreed to by counsel and that is cleared with the Courtroom Deputy Clerk before the filing of the motion. For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks
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Page 8 | III.B. Motions
Each side is limited to 5 motions in limine unless the court grants leave; motions in limine are heard at the Final Pretrial Conference, with possible oral ruling.
Motions in limine fall outside the scope of Fed. R. Crim. P. 12 and address only the admission or exclusion of evidence at trial. Motions in limine will generally be heard and ruled upon at the Final Pretrial Conference. The Court may rule orally instead of in writing. Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.
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Page 10 | D. MOTIONS IN LIMINE
Counsel must meet and confer informally to resolve discovery disputes before filing a motion to compel discovery, or the court may decline to hear the motion.
Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.
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Page 11 | III. PRE-TRIAL PROCEDURES E. Notice and Discovery
Parties must meet and confer in good faith before filing a motion in limine, with moving and nonmoving parties exchanging specified information.
Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specifics terms of the order sought, and the rationale and supporting authority. The nonmoving party shall state whether the party intends to introduce the evidence sought by the moving party to be excluded or oppose the moving party’s motion to admit the evidence and provide the rationale and supporting authority if the nonmoving party opposes the motion. Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion.
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Page 11 | Final Pretrial Conference
Oppositions to motions in limine must be filed 14 days before the Final Pretrial Conference, and no replies are permitted.
Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies.
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Page 11 | Final Pretrial Conference
Pre-filing conference required before filing motions, must be in person or by phone/video, not written correspondence.
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.
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Page 9 | B. Pre-Filing Requirement to Meet and Confer
Adjournment & Extension Requirements
Meet and confer required 10 days before trial for exhibit stipulations
The parties must meet and confer at least ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial. All such exhibits should be noted as admitted on the Court and Courtroom Deputy Clerk's copy of the exhibit list.
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Page 16 | Trial Exhibits
Trial conflicts require detailed information about each conflicting case.
A list of counsel's upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to the action; (2) the age of the action; (3) the nature of and complexity of the action; (4) the scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties' trial
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Continuance requests must be by motion/stipulation/application with detailed declaration.
Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application, and be accompanied by a detailed declaration setting forth the reasons for the requested relief.
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General statements are insufficient to establish good cause for continuance.
General statements are insufficient to establish good cause.
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Joint continuance requests must clearly state parties' agreement.
To the extent the request to continue dates is joint, it should state clearly that the parties agree.
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Request must show remaining work couldn't be completed within original deadlines.
This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines.
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Declaration must include history of previous continuance requests and their outcomes.
The declaration should include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
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Continuance requests must show good cause, due diligence, and litigation efforts since complaint filing.
a request or stipulation to continue a trial or pretrial date must be supported by a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation.
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Court approval required for stipulations extending court-set dates.
Stipulations extending dates set by the court are not effective unless approved by the Court.
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Continuance requests must be filed at least one week before Final Pretrial Conference.
Counsel shall file requests for continuance of trial at least one (1) week prior to the Final Pretrial Conference.
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Continuance requests must include detailed factual showing of good cause and due diligence, with history of previous requests.
Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application. Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial and trial dates absent the detailed showing. General statements are insufficient to establish good cause.
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Page 7 | III. PRE-TRIAL PROCEDURES
Trial continuance requests must be filed at least 1 week before Final Pretrial Conference.
Counsel shall file requests for continuance of trial at least one (1) week prior to the Final Pretrial Conference. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court.
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Page 8 | III. PRE-TRIAL PROCEDURES
Government must file detention request at least 2 days before hearing.
If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.
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Page 13 | V. TRIAL PROCEDURES
Opposition to ex parte application must be filed within 24 hours of service.
Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
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For calendar conflicts with another Central District of California Western Division judge’s hearing, counsel must notify each judge’s CRD no later than 3 calendar days before the scheduled appearance.
If the conflict is with another hearing before a judge in the Central District of California Western Division, counsel shall notify the CRD for each judge as soon as possible and not later than three (3) days before the scheduled appearance.
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Page 7 | I. INTRODUCTION G. Counsel Calendar Conflicts
Continuance requests must demonstrate good cause and due diligence with sufficient factual basis.
Therefore, a request to continue or extend the date of any matter before this Court must be supported by a sufficient factual basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support and a showing of due diligence, requests continuing dates will not be granted.
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Page 18 | H. Continuances
Continuances are disfavored; trial dates are firm and will not readily be changed.
The Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will not readily be changed.
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Page 18 | H. Continuances
Continuance or extension requests must include a detailed declaration of the grounds for the request; stipulations are permitted if all parties agree.
electronically a request or, if the parties are in agreement, a stipulation which includes a detailed declaration of the grounds for the requested continuance or extension of time.
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Page 19 | MOTIONS – GENERAL REQUIREMENTS
Continuance or extension requests that do not comply with the Local Rules or this Standing Order will be rejected without further notice to the parties.
Failure to comply with the Local Rules and this Order will result in rejection of the request without further notice to the parties.
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Page 19 | MOTIONS – GENERAL REQUIREMENTS
Counsel must submit continuance or extension requests at least 5 business days before the scheduled date expires.
Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date.
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Page 19 | MOTIONS – GENERAL REQUIREMENTS
Extensions of scheduling dates are not effective until the Court issues a formal order granting the request.
Requests extending scheduling dates do not become effective unless and until this Court so orders.
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Page 19 | MOTIONS – GENERAL REQUIREMENTS
Requests to continue pretrial or trial dates must be by motion, stipulation, or application, accompanied by a detailed declaration with reasons, prior continuance request history, good cause, and due diligence showing.
Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application, and be accompanied by a detailed declaration setting forth the reasons for the requested relief. The declaration should include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the court are not effective unless approved by the Court. The Court has a strong interest in keeping scheduled dates certain, and changes in dates are disfavored. Trial dates set by the Court will not readily be changed. Therefore, a request or stipulation to continue a trial or pretrial date must be supported by a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. Without such compelling factual support and showing of due diligence, requests to continue dates set by the Court may be denied. To the extent the request to continue dates is joint, it should state clearly that the parties agree. To the extent the action is complex, one or more parties require additional time to prepare for trial, or other circumstances apply necessitating a continuance, the request should so state and describe in detail. A list of counsel’s upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to the action; (2) the age of the action; (3) the nature of and complexity of the action; (4) the scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties’ trial readiness; and (8) the likelihood the trial will proceed on the scheduled date. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court.
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Page 23 | Continuance Request Content Requirements
Continuances of MSJ hearing deadlines are not permitted for failure to comply with this Order, only allowed with good cause.
The deadline for hearing the MSJ will not be continued for failure to comply with this Order, absent good cause.
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Page 9 | Compliance and Continuances
Counsel with a calendar conflict involving a more senior district judge must notify opposing counsel and CRD via email at least 3 business days before the appearance, providing appearance time, case name, and other judge’s name.
If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via chambers email address (CV_Chambers@cacd.uscourts.gov) as soon as possible and not later than three (3) business days before the scheduled appearance. Counsel must email the CRD to indicate the time of the appearance, the case name, and the name of the other judge.
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Page 6 | Calendar Conflicts
Continuance requests for pretrial/trial dates must be by motion/stipulation/application, include detailed good cause/due diligence showing, prior continuance history, and joint requests must state party agreement; must be filed at least 1 week before Final Pretrial Conference.
Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application. Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial and trial dates absent the detailed showing. General statements are insufficient to establish good cause. To the extent the request to continue dates is joint, it should state clearly that the government and defendant(s) agree. To the extent the action is complex, one or more parties require additional time to prepare for trial, or other circumstances apply necessitating a continuance, the request should so state and describe in detail. A list of counsel’s upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to the action; (2) the age of the action; (3) the nature of the offense(s) charged and complexity of the action; (4) the scheduled trial date; (5) the estimated length of trial; (6) the number of continuances continuance will be requested; and (9) the likelihood the trial will proceed on the scheduled date. Counsel shall file requests for continuance of trial at least one (1) week prior to the Final Pretrial Conference. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court.
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Page 7 | III.A. Continuances
Chambers Communication Rules
Counsel must not approach clerk, jury box, or witness stand without authorization.
Counsel must not approach the Courtroom Deputy Clerk, the jury box, or the witness stand without Court authorization and must return to the lectern
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Page 18 | Trial Requirements
Attorney of record must appear at all hearings; if unavailable, parties must agree on new date and file stipulation/order within 3 business days.
The Court requires an attorney of record to appear at all hearings and will not permit others to stand in on his or her behalf. If an attorney of record cannot appear at a scheduled hearing due to unforeseen circumstances, the parties should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and [Proposed] Order as soon as possible and preferably not later than three (3) business days before the scheduled appearance.
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Page 7 | III. PRE-TRIAL PROCEDURES
Criminal motions heard Fridays at 10:30 AM; must be mutually agreed and not closed on court calendar.
The Court hears motions in criminal actions on Friday, beginning at 10:30 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be noticed for a Friday that is mutually agreed to by counsel and that is not closed on the Court's calendar. Before filing a motion, the moving party should check the Court's webpage for available hearing dates. The parties should not calendar a matter on a date that is closed on the Court's webpage. If this occurs, the court will re-calendar the matter for another day.
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Page 8 | III. PRE-TRIAL PROCEDURES
Evidentiary hearing motions must be scheduled for non-Friday after clearing with Courtroom Deputy Clerk.
Pretrial motions that require an evidentiary hearing shall be noticed for a non-Friday that is mutually agreed to by counsel and that is cleared with the Courtroom Deputy Clerk before the filing of the motion.
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Page 8 | III. PRE-TRIAL PROCEDURES
Additional equipment must be arranged by contacting court and notifying clerk one week before trial.
If any counsel wishes to arrange for the use of additional equipment, counsel shall contact (213) 894-3061 to verify and/or reserve demonstrative equipment and notify the Courtroom Deputy Clerk no later than 4:00 p.m. at least one (1) week before trial so that the necessary arrangements may be made.
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Page 20 | Trial Exhibits
Counsel must not speak to jurors or have conversations overheard by jurors when trial is not in session.
When the trial is not in session, counsel must not speak to jurors under any circumstance, and must not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be overheard by jurors. Counsel must instruct their clients and witnesses to avoid such conduct.
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Counsel must notify the Court’s courtroom deputy (CRD) via Chambers email upon discovering a calendar conflict with a scheduled appearance.
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Court’s courtroom deputy (CRD) via Chambers email at CV_Chambers@cacd.uscourts.gov.
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Page 7 | I. INTRODUCTION G. Counsel Calendar Conflicts
Lead counsel must appear for scheduling conferences, settlement conferences, and Final Pretrial Conference.
The Court requires lead counsel to appear for scheduling conferences, settlement conferences, and the Final Pretrial Conference.
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Page 17 | F. Appearance at Hearings
In-person attendance is required for all hearings and trials unless the Court instructs otherwise.
The Court requires in-person attendance for all hearings and trials, unless otherwise instructed by the Court.
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Page 17 | F. Appearance at Hearings
Request for telephone/video appearance must be emailed at least 3 court days in advance with undue hardship statement.
email the Courtroom Deputy Clerk and copy opposing counsel at least three (3) court days in advance of the scheduled appearance and provide a detailed statement of undue hardship
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Page 17 | F. Appearance at Hearings
Counsel is prohibited from directly contacting the Court or chambers staff via email, telephone, or ex parte communications.
Counsel must not attempt to contact the Court or chambers staff by email, telephone, or ex parte means.
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Page 19 | Communications with Chambers
Counsel may contact the Courtroom Deputy Clerk via telephone at (213) 894-0239 for appropriate matters only, and may not inquire about case status.
For appropriate matters only, counsel may contact the Courtroom Deputy Clerk via telephone at (213) 894-0239. Counsel must not contact the Courtroom Deputy Clerk regarding the status of any matter before the Court.
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Page 19 | Communications with Chambers
Counsel may contact the Courtroom Deputy Clerk via email at CV_@cacd.uscourts.gov for appropriate matters only, and may not inquire about case status.
For appropriate matters only, counsel may contact the Courtroom Deputy Clerk via chambers email address at CV_@cacd.uscourts.gov. Counsel must not contact the Courtroom Deputy Clerk regarding the status of any matter before the Court.
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Page 19 | Communications with Chambers
Documents related to manual filing notices must be emailed to the chambers email address CV_Chambers@cacd.uscourts.gov.
All documents pertaining to the notice of manual filing must be emailed to the chambers email address: CV_Chambers@cacd.uscourts.gov.
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Page 6 | Warning re: Filing Under Seal
Counsel must email jury instructions to Chambers at CV_Chambers@cacd.uscourts.gov.
Accordingly, counsel must email CV_Chambers@cacd.uscourts.gov a “clean” set of all instructions in Microsoft Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Court’s Instruction No. ___” (eliminating the title and source of the instruction, supporting authority, etc.).
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Page 17
Parties must email the Competing Verdict Forms document to Chambers at CV_Chambers@cacd.uscourts.gov.
If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers (CV_Chambers@cacd.uscourts.gov) one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.
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Page 17
Defense counsel must email a Microsoft Word version of the witness and exhibit lists to Chambers.
Defense counsel shall also simultaneously email CV_Chambers@cacd.uscourts.gov a Microsoft Word version of the defense witness list and defense exhibit list.
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Page 18
Counsel seeking to use additional A/V equipment must call (213) 894-3061 to reserve it and notify the Courtroom Deputy Clerk by 4:00 p.m. at least one week before trial.
If any counsel wishes to arrange for the use of additional equipment, counsel shall contact (213) 894-3061 to verify and/or reserve demonstrative equipment and notify the Courtroom Deputy Clerk no later than 4:00 p.m. at least one (1) week before trial so that the necessary arrangements may be made.
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Page 20 | V. TRIAL PROCEDURES
In-person attendance required for all hearings and trials unless court instructs otherwise.
The Court requires in-person attendance for all hearings and trials, unless otherwise instructed by the Court.
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Counsel prohibited from contacting chambers by email, phone, or ex parte.
Counsel must not attempt to contact the Court or chambers staff by email, telephone, or ex parte means.
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Prohibited from contacting chambers about case status.
Counsel must not contact the Courtroom Deputy Clerk regarding the status of any matter before the Court.
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Requirements for telephone/video conference appearance: email 3 days in advance with hardship statement, use landline/hardline connection, be ready 15 minutes early.
If you wish to appear by telephone or video conference, you must: 1. email the Courtroom Deputy Clerk and copy opposing counsel at least three (3) court days in advance of the scheduled appearance and provide a detailed statement of undue hardship; 2. use a landline to call into the bridge line provided by the Courtroom Deputy Clerk or use a hardline internet connection to connect to the Zoom link for the Court; and 3. be available and ready to call in for at least fifteen (15) minutes before the time of the scheduled hearing.
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Opposing party must be served electronically if possible.
The applicant shall serve the opposing party electronically, if possible.
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Calendar conflicts must be reported to opposing counsel and CRD via email
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Court’s courtroom deputy (CRD) via Chambers email at CV_Chambers@cacd.uscourts.gov.
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Ex parte applications must conform to Local Rules 7-19 and 7-19.1 or will not be considered without good cause.
Ex parte applications that fail to conform to Local Rules 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except upon a specific showing of good cause.
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